Since everybody has a cell phone, nearly everybody has become an amateur
videographer and recording engineer. If you are going through a
divorce always be aware how easy it is for your spouse or partner to digitally
record whether audio only or both audio and video. The phone could be
in a pocket, bag, sitting on a shelf or on the counter and be turned on
I frequently will have a client come to me with their cell phone and want
me to listen to the argument or the name calling or the admissions. I
have even had situations where the child has recorded the parent and then
given the recording to the other parent.
In our digital era where social media rules, clients have come in with
their spouse's Facebook posts as well as the posts of the significant
other's posts. So even if you are careful about what you post that
does not mean that your friends posts about you partying or on vacation
aren't going to make their way into the other side's hands.
Remember that when you are in the middle of a contested divorce that both
sides are under the microscope and you want to avoid actions, words and
conduct that would cause your judge to become critical.